BHURA SINGH Vs. LABHA SINGH

JUDGEMENT

(1.) Briefly, the facts are that elections to the Gram Panchayat village Korewala were held in accordance with the provisions of the Punjab Gram Panchayat Act (hereinafter referred to as the Act), on August 17, 1978 in which the petitioner and respondent Nos. 2 to 7 were declared as elected. Out of them, respondent No. 5 was elected from amongst scheduled caste candidates and respondent Nos. 6 and 7 from amongst women candidates. On the same day, a meeting of the elected Panches was convened in which the petitioner was elected as a Sarpanch.

(2.) Labh Singh, respondent No. 1 then filed an election petition before the Executive Magistrate, Mansa, wherein he stated that material irregularities had been committed in the election as according to the notification EP-BM-78/842 of the Punjab Government which was published in the Punjab Government Gazette (Extra) dated July 27, 1978, six Panches including one scheduled caste, in addition to two women Panches were to be elected from amongst the candidates. It was alleged that the Presiding Officer in connivance with the petitioner elected 5 Panches including one from scheduled caste besides two women Panches. It was further alleged that the petitioner had secured the highest number of votes amongst the unsuccessful candidates and in case 6 Panches had been declared as elected including one from scheduled caste, as per notification, besides two women, the petitioner would have been automatically elected as a Panch. It was also averred that the result of the election had been materially affected by non-compliance with the provisions of the Punjab Gram Panchayat Act and the Gram Panchayat Election Rules, 1969 (hereinafter referred to as the Rules). Consequently, he prayed that the election of the Gram Panchayat be set aside and fresh election be ordered. In the alternative, he prayed that if the holding of fresh elections of the entire Gram Panchayat was considered burden on the State, then the petitioner may be declared elected as Panch and the election of Sarpanch be declared null and void and the same be held afresh. The election petition was contested by the respondents.

(3.) The Executive Magistrate did not set aside the election of Panches but declared Labh Singh as a duly elected member of the Gram Panchayat. He, however, set aside the election of the petitioner as Sarpanch and ordered that the election of the Sarpanch be held afresh. The petitioner went up in appeal before the Additional District Judge, Bhatinda, who affirmed the order of the Executive Magistrate and dismissed it. The petitioner has challenged the aforesaid orders through the petition under Article 227 of the Constitution of India.